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A08421 Summary:

BILL NOA08421
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSRSeawright
 
MLTSPNSR
 
Amd §7507, CPLR
 
Provides that arbitration awards in consumer and employment disputes, where the arbitration is conducted pursuant to a contract, shall include all issues in dispute and the arbitrator's findings of fact and conclusions of law.
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A08421 Actions:

BILL NOA08421
 
05/15/2025referred to judiciary
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A08421 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8421
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to arbi- tration awards in consumer and employment disputes   PURPOSE: This bill would require arbitrators who decide consumer or employment- related disputes to set forth the basis for their awards.   SUMMARY OF PROVISIONS: Section one of the bill would amend section 7507 of the civil practice law and rules to require arbitrators who decide consumer or employment- related disputes to set forth the basis for their awards. Section two of the bill sets the effective date.   JUSTIFICATION: It is well-settled that arbitrators are not required to explain or justify their awards. E.g. Colletti v. Mesh, 23 AD2d 245 (1st Dept), affd 17 NY2d 460 (1965). In recent years, there has been a proliferation of arbitration hearings in consumer and employment matters. It is particularly impbrtant for consumers and employees to know the basis for awards rendered in hearings in which they have participated. This bill does not purport to be a burden upon arbitrators. Or otherwise amelio- rate any of the benefits of arbitration, such as speed and efficiency of adjudication. Still, it is difficult, if not impossible for a losing arbitration participant to know whether any grounds exist to vacate the arbitration award pursuant to CPLR 7511 if the basis for the award remains unknown. This bill was modeled upon 11 NYCRR 65-4.5(s) which has worked well for many years in providing automobile insureds and insurers with the same basic information about arbitration awards in matters brought pursuant to Article 51 of the Insurance Law (no fault arbitrations).   PRIOR LEGISLATIVE HISTORY: 2023-24 - A.3450 - Referred to Judiciary/S.4107 - Referred to Judiciary 2021-22 - A.2193 - Passed Assembly/S.4914 - Referred to Judiciary 2019-20 - A.7572 - Passed Assembly/S.2630 - Referred to Judiciary 2017-2018 - A.6372 - Passed Assembly / S.6225 - Referred to Judiciary 2015-2016 - A.10090-A - Referred to Judiciary / S.8040 - Referred to Judiciary   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law.
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A08421 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8421
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 15, 2025
                                       ___________
 
        Introduced  by M. of A. DINOWITZ, SEAWRIGHT -- read once and referred to
          the Committee on Judiciary
 
        AN ACT to amend the civil practice law and rules, in relation  to  arbi-
          tration awards in consumer and employment disputes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 7507 of  the  civil  practice  law  and  rules,  as
     2  amended  by  chapter  952  of  the  laws  of 1981, is amended to read as
     3  follows:
     4    § 7507. Award; form; time; delivery. (a) Except as provided in section
     5  7508, the award shall be in writing, signed and affirmed by the arbitra-
     6  tor making it within the time fixed by the agreement, or, if the time is
     7  not fixed, within such time as the court orders.
     8    (b) In a matter involving a  consumer  dispute,  pursuant  to  section
     9  three  hundred  ninety-nine-c of the general business law, or an employ-
    10  ment dispute between an employer and employee,  as  defined  in  section
    11  three  of  the Fair Labor Standards Act of 1938 (29 U.S.C. § 203), where
    12  arbitration was held pursuant to a contract, the award shall  state  the
    13  issues  in  dispute  and shall contain the arbitrator's findings of fact
    14  and conclusions of law. Such award  shall  contain  a  decision  on  all
    15  issues  submitted to the arbitrator.  The provisions of this subdivision
    16  shall not apply to agreements negotiated with any  labor  union  through
    17  collective bargaining.
    18    (c)  The parties may in writing extend the time either before or after
    19  its expiration. A party waives the objection that an award was not  made
    20  within  the time required unless [he] such party notifies the arbitrator
    21  in writing of [his] their objection prior to the delivery of  the  award
    22  to [him] such party.
    23    (d)  The arbitrator shall deliver a copy of the award to each party in
    24  the manner provided in the agreement, or, if no provision  is  so  made,
    25  personally or by registered or certified mail, return receipt requested.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07518-01-5
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